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NOTICE TO ALL BIDDERS

In accordance with the section “NOTICE OF REQUIREMENT FOR AFFIRMATIVE
ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE
ORDER 11246)”, the New Hampshire Department of Transportation has the authority and
responsibility to notify the Office of Federal Contract Compliance Programs of the United
States Department of Labor if they become aware of any possible violations of Executive Order
11246 and 41 Code of Federal Regulation Chapter 60.

The Office of Federal Contract Compliance Programs is the sole authority for determining
compliance with Executive Order 11246 and 41 Code of Federal Regulation Chapter 60 and

the Contractor should contact them regarding related compliance issues,

Source 41 CFR 60-4 Affirmative Action Requirements

Source: 41 CFR 60-4,2 Solicitations

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)

The Offeror’s or Bidder’s attention is called to the
“Equal Opportunity Clause” and the “Standard Federal
Equal Employment Specifications” set forth herein.

The goals and timetables for minority and female
participation, expressed in percentage terms for the
Contractor's aggregate workforce in each trade on all
construction work in the covered area, are as follows:

Goals for minority Goals for female
participation for participation in
each trade each trade

STANDARD METROPOLITAN
STATISTICAL AREAS (SMSA)

SALEM-PLAISTOW;: 4,0 6.9
MANCHESTER-NASHUA 0.7 6.9

NON-SMSA COUNTIES

COOS, GRAFTON,

SULLIVAN: 0.8 6.9
BELKNAP, MERRIMACK,

CARROLL, STRAFFORD;: 3.6 6.9
CHESHIRE, 5.9 6.9
ROCKINGHAM: 4.0 6.9
INLLSBOROUGH: 0.7 6.9

These goals are applicable to all the Contractor's
construction work (whether or not it is Federal or
federally assisted) performed in the covered area. If the
contractor performs construction work in a
geographical area located outside of the covered area,
it shall apply the goals established for such
geographical area where the work is actually
performed. With regard to this second area, the
contractor also is subject to the goals for both its
federally involved and nonfederally involved
construction,

The Contractor's compliance with the Executive
Order and the regulations in 41 CFR Part 60-4 shall
be based on its implementation of the Equal
Opportunity Clause, specific affirmative action
obligations required by the specifications set forth in
41 CFR 60-4,3(a), and its efforts to meet the goals.
The hours of minority and female employment and
training must be substantially uniform throughout the
length of the contract, and in cach trade, and the
contractor shall make a good faith effort to employ
minorities and women evenly on cach of its projects,
The transfer of minority or female employees or
trainees from Contractor to Contractor or from project
{o project for the sole purpose of mecting the
Contractor's goals shall be a violation of the contract,
the Executive Order and the regulations in 41 CFR
Part 60-4, Compliance with the goals will be measured
against the total work hours performed.

The Contractor shall provide written notification to
the Director of the Office of Federal Contract
Compliance Programs within 10 working days of
award of any construction subcontract in excess of
$10,000 at any tier for construction work under the
contract resulting from this solicitation addressed as
follows:

Director

Federal Contract Compliance Program
US Department of Labor

JFK Building, Room 1612-C

Boston, MA 02203

The notification shall list the name, address and
telephone number of the subcontractor; employer
identification number of the subcontractor; estimated
dollar amount of the subcontract; estimated starting and
completion dates of the subcontract; and the
geographical area in which the subcontract is to be
performed as noted within the Contract Special
Provisions for Affirmative Action to ensure Equal
Employment Opportunity.

Page I of 4

Source 41 CFR 60-4 Affirmative Action Requirements

Source 41 CFR 604.3 Equal Opportunity Clauses

Standard Federal Equal Employment Opportunity
Construction Contract Specifications (Executive Order 11246)

[I]. As used in these specifications:

a. ‘Covered area“ means the geographical area described
in the solicitation from which this contract resulted:

b. ‘ Director" means Director, Office of Federal Contract
Compliance Programs, United States Department of Labor.
or any person to whom the Director delegates authorily;

¢c. ‘Employer identification number" means the Federal
Social Security number used on the Employer's Quarterly
Federal Tax Return, U.S. Treasury Department Form 941.

G. ‘*Minority" includes:

(i) Black (all persons having origins in any of the Black
Alrican racial groups not of Hispanic origin);

(ii) Hispanic (all persons of Mexican, Puerto Rican,
Cuban, Central or South American or other Spanish Culture
or origin, regardless of race);

(iil) Asian and Pacific Islander (all persons having origins
in any of the original peoples of the Far East, Southeast Asia,
the Indian Subcontinent, or the Pacific Islands); and

(iv) American Indian or Alaskan Native (all persons
having origins in any of the original peoples of North
America and maintaining identifiable tribal affiliations
through membership and participation or community
identification),

[2]. Whenever the Contractor, or any Subcontractor at any
licr, subcontracts s portion of the work involving any
construction trade, it shall physically include in cach
subcontract in execss of $10,000 the provisions of these
specifications and the Notice which contains the applicable
goals for minority and female participation and which is set
forth in the solicitations from which this contract resulted,

[3]. if the Contractor is participating (pursuant to 41 CFR
60-4.5) in a Hometown Plan approved by the U.S.
Department of Labor in the covered area cither individually
or through an association, its affirmative action obligations
on all work in the Plan area (including goals and timetables)
shall be in accordance with that Plan for those trades which
have unions participating in the Plan. Contractors must be
able to demonstrate their participation in and compliance
with the provisions of any such Hometown Plan. Each
Contractor or Subcontractor participating in an approved Plan
is individually required to comply with its obligations under
the EEO clause, and to make a good faith effort to achieve
each goal under the Plan in each trade in which it has
employees. The overall good faith performance by other
Contractors or Subcontractors toward a goal in un approved
Plan does not excuse any covered Contractor's or
Subcontractor's failure to take good faith efforts to achieve
the Plan goals and timetables,

[4]. The Contractor shail implement the specific
affirmative action standards provided in paragraphs 7 a
through p of these specifications, The goals set forth in the
solicitation from which this contract resulted are expressed

as percentages of the total hours of employment and training
of minority and female utilization the Contractor should
reasonably be able to achieve in cach construction trade in
which it has employees in the covered area. Covered
Construction contractors performing construction work in
geographical areas where they do not have a Federal or
federally assisted construction contract’ shall apply the
minority and female goals established for the geographical
area where the work is being performed. Goals are published
periodically in the Federal Register in notice form, and such
notices may be obtained from any Office of Federal Contract
Compliance Programs office or fram Federal procurement
contracting officers. The Contractor is expected to make
substantially uniform progress in meeting its goals in cach
craft during the period specified.

15] Neither the provisions of any collective bargaining
agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer
either minorities or women shall excuse the Contractor's
obligations under these specifications, [xecutive Order
11246, or the regulations promulgated pursuant thereto,

{6}. In order for the nonworking training hours of
apprentices and trainees to be counted in meeting the goals,
such apprentices and trainces must be employed by the
Contractor during the training period, and the Contractor
must have made a commitment to employ the apprentices
and trainees at the completion of thelr training, subject to the
availability of employment opportunities. Trainees must be
trained pursuant to training programs approved by the U.S.
Department of Labor.

[7]. The Contractor shall take specific affirmative actions
io ensure equal employment opportunity, The evaluation of
the Contractor's compliance with these specifications shall
be based upon its effort to achicve maximum results from its
actions. The Contractor shall document these efforts fully,
and shall implement affirmative action steps at least as
extensive as the following:

a, Ensure and maintain a working environment free of
harassment, in(imidation, and coercion at all sites, and in all
facilitics at which the Contractor's employees are assigned to
work. The Contractor, where possible, will assign two or
more women to each construction project. ‘Ihe Contractor
shall specifically ensure that all foremen, superintendents,
and other on-site supervisory personnel are aware of and
carry out the Contractor's obligation to maintain such a
working environment, with specific attention to minority or
female individuals working at such sites or in such facilities.

b. Establish and maintain a current list of minority and
female recruitment sources, provide written notification to
minority and female recruitment sources and to community
organizations when the Contractor or i{s unions have

Page 2 of 4

Source 41 CFR 60-4 Affirmative Action Requirements

employment opportunities available, and maintain a record
ofthe Organizations’ responses.

c. Maintain a current file of the names, addresses and
teleph One numtbers of cach minority and female off-the-street
applicant and minority or female referral from a union, a
recruitment source or community organization and of what
action was taken with respect to cach such individual. If such
individyal was sent to the union hiring hall for referral and was
nat referred back to the Contractor by the union or, if referred,
not employed by the Contractor, this shall be documented in
the file with the reason therefore, along with whatever
additional actions the Contractor may have taken.

d. Provide immediate written notification to the Director
when the union or unions with which the Contractor has a
collective bargaining agreement has not referred to the
Contractor a minority person or woman sent by the Contractor,
or when the Contractor has other information that the union
referral process has impeded the Contractor's efforts to meet its
obligations.

e. Develop on-the-job training opportunitics and/or
participate in training programs for the arca which expressly
include minoritics and women, including upgrading programs
and apprenticeship and trainee programs relevant to the
Contractor's employment needs, especially those programs
funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the
sources compiled under 7b above.

f. Disseminate the Contractor's EEO policy by providing
notice of the policy to unions and training programs and
requesting their cooperation in assisting the Contractor in
mecting its CEO obligations; by including it in any policy
manual and collective bargaining agreement: by publicizing it
in the company newspaper, annual report, etc, by specific
review of the policy with all management personnel and with
all minority and female employees at least once a year; and by
posting the company EEO policy on bulletin boards accessible
to all employces at each location where construction work is
performed.

g. Review, at least annually, the company’s EEO policy and
affirmative action obligations under these specifications with
all employees having any responsébilily for hiring,
assignment, layoff, termination or other employment decisions
including specific review of these items with onsite
supervisory personnel such as Superintendents, General!
Foremen, etc., prior to the initiation of construction work at
any job site. A written record shall be made and maintained
identifying the time and place of these meetings, persons
altending, subject matter discussed, and disposition of the
subject matter.

h. Disseminate the Contractor's EEO policy externally by
including it in any advertising in the news media, specifically
including minority and female news media, and providing
written notification to and discussing the Contractor's EEO
policy with other Contractors and Subcontractors with whom
the Contractor does or anticipates doing business.

i. Direct its recruitment efforts, both oral and written, to
minority, female and community organizations, to schools with
minority and female students and to minority and female
recruitment and training organizations serving the Contractor's

recruiiment area and employment needs. Not falter than one
month prior to the date for the acceptance of applications for
apprenticeship or other training by any recruitment source, the
Contractor shall send written notification to organizations such
as the above, describing the openings, screening procedures,
and tests to be used in the selection process.

j. Encourage present minority and female employees to
recruit other minority persons and women and, where
reasonable, provide afler school, summer and vacation
employment to minority and female youth both on the site and
in other areas of a Contractors work force.

k. Validate all tests and other selection requirements where
there

I. Conduct, at least annually, an inventory and evaluation al
icast of all minority and female personne! for promotional
opportunities and encourage these employees to seck or to
prepare for, through appropriate training, ctc., such
opportunities.

m. [Ensure that seniority practices, job classifications, work
assignments and other personnel practices, do not have a
discriminatory cffect by continually monitoring all personne!
and employment related activities to ensure that the EEO
policy and the Contractor's obligations under these
specifications are being carried out.

mn. Ensure that all facilities and company activities are
nonsegregated except that separate or singic-user toilet and
necessary changing facilities shall be provided to assure
privacy between the sexes.

o. Document and maintain a record of all solicitations of
offers for subcontracts from minority and female construction
contactors and suppliers, including circulation of solicitations
{o minority and female contractor associations and other
business associations,

p. Conduct a review, al least annually, of all supervisors’
adherence to and performance under the Contractor's EEO
policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary
associations which assist in fulfilling one or more of their
affirmative action obligations (7a through pj. The efforts of a
contractor association, joint contractor-union, contractor
community, or other similar group of which the contractor is a
member and participant, may be asserted as fulfilling any one
or more of its obligations under 7a through p of these
Specifications provided that the contractor actively participates
in the group, makes every effort to assure that the group has a
positive impact on the employment of minorities and women
in the industry, ensures that the concrete benefits of the
program are reflected in the Contractor's minority and female
workforce participation, makes a good faith effort to meet its
individual goals
and timetables, and can provide access to documentation
which demonstrates the cffectiveness of actions taken on
behalf of the Contractor, The obligation to comply, however, is
the Contractor's and failure of such a group to fulfill an
obligation shall not be a defense for the Contractor's
noncompliance.

9, A single goal lor minorities and a separate single goal for
women have been established. The Contractor, however, is
required to provide equal employment opportunity and to take

Page 3 of 4

Source 4! CFR 60-4 Affirmative Action Requirements

affirm aive action for all minority groups, both male and
female. and ull women, both minority and non-minority.
Consequently, the Contractor may be in violation of the
Executive Order if a particular group is employed in a
substanijally disparate manner (for example, even though the
Contrador has achieved its goals for women generally, the
Contratior may be in violation of the Executive Order if a
specificminority group of women is underutilized).

10. The Contractor shall not use the goats and timetables or
affirm alive action standards to discriminate against any person
because of race, color, religion, sex, or national origin.

11. The Contractor shall not enter into any Subcontract with
any person or firm debarred from Government contracts
pursuant to Executive Order 11246.

12. The Contractor shall carry out such sanctions and
penalties for violation of these specifications and of the Equal
Opportunity Clausc, including suspension, termination and
cancel lation of existing subcontracts as may be imposed ar
ordered pursuant to Executive Order 11246, as amended, and
its implementing regulations, by the Office of Federal Contract
Compliance Programs, Any Contractor who fails to carry out
such sanctions and penalties shall be in violation of these
specifications and Executive Order 11246, as amended.

13. The Contractor, in fulfilling its obligations under these
specifications, shal] implement specific affirmative action
steps, at least as extensive as those standards prescribed in
paragraph 7 of these specifications, so as to achieve maximum
results from its cfforts to ensure equal employment
opportunity. If the Contractor fails to comply with the
requirements of the Executive Order, the implementing
regulations, or these specifications, the Director shall proceed
in accordance with 41 CFR 60-4.8.

14, The Contractor shall designate a responsible official to
monitor all employment related activity to ensure that the
company EEO policy is being carried out, to submit reports
relating to the provisions hercof as may be required by the
Government and to keep records. Records shall at least include
for each employee the name, address, (telephone numbers,
construction trade, union affiliation if any, employee
identification number when assigned, social security number,
race, Sex, status (€.g., mechanic, apprentice trainee, helper, or
iaborer), dates of changes in status, hours worked per week in
the indicated trade, rate of pay, and locations at which the
work was performed. Records shall be maintained in an easily
understandable and retrievable form; however, to the degrec
ihat existing records satisfy this requirement, contractors shall
nol be required ta maintain separate records,

13. Nothing herein provided shall be construed as a
limitation upon the application of other Jaws which establish
different standards of compliance or upon the application of
requirements for the hiring of local or other area residents
{¢.g., those under the Public Works Employment Act of 1977
and the Community Development Block Grant Program).

(b) The notice set forth in 41 CFR 60-4.2 and the
specifications set forth in 41 CFR 60-4,3 replace the New
Form for Federal Equal Employment Opportunity Bid
Conditions for Federal and Federally Assisted Construction
published ai 41 FR 32482 and commonly known as the Mode!
Federal EEO Bid Conditions, and the New Form shall not be
used after the regulations in 41 CFR Part 60-4 become
effective.

[43 FR 49254, Oct. 20, 1978; 43 FR $1401, Nov. 3, 1978, as
amended at 45
FR 65978, Oct. 3, 1980]

Page 4 of 4

FHWA-1273 -- Revised May 1, 2012

REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS

! General

i Nondiscrimination

il Nonsegregated Facilities

1V. Davis-Bacon and Related Act Provisions

V, — Contract Work Hours and Safety Standards Act
Provisions

Vi. Subletting or Assigning the Contract

Vil. Safety: Accident Prevention

Vill. False Statements Concerning Highway Projects

Ix Implementation of Clean Air Act and Federal Water
Pollution Control Act

x Compliance with Governmentwide Suspension and
Debarment Requirements

Xi. Certification Regarding Use of Contract Funds for
Lobbying

ATTACHMENTS

A, Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)

1. GENERAL

1, Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal), The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower Her
subcontracts (excluding purchase orders, rental agreements
and other agreemenis for supplies or services).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shail be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider

Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design-builder shall be responsible
for compliance by any subcontractor, iower-tier subcontractor
or service provider.

Cantracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated {not
referenced) in all contracis, subcontracts and jower-tier
subconiracts (excluding purchase orders, rental agreements
and other agreements for supplies of services related to a
construction contract}

2. Subject to the applicability criteria noted in the following
seclions, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by plecework, station work, or by subcontract.

3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, wilhholding of final
payrnent, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA,

4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal-aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.

ll. NONDISCRIMINATION

The provisions of this section related to 23 CFR Pant 230 are
applicable to all Federal-aid construction contracts and {o afl
relaled construction subcontracts of $10,000 or more, The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title Vi
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27: and 23 CFR
Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.

Note’ The U.S, Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27, and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.

1, Equal Employment Opportunity: Equal employment
opporlunily (EEO) requirements not to discriminate and to take
affirmative action to assure equal Opportunity as set forth
under laws, execulive orders, rules, regulations (28 CFR 35,
28 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and Imposed pursuant to 23
U.S.C. 140 shail constitute the EEO and specific affirmative
action standards for the contractor's project activities under

this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1830 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum speclfic
requirement activities of EEO:

a The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equa! opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.

b. The contractor will accept as its operating policy the
following statement:

“it is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, colar,
national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer: recruitment or
recrultment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship, pre-apprenticeship, and/or on-the-
job training.”

2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so

3. DissemInation of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:

a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
nat less offen than once every six months, at which time the
contractor's EEO policy and Its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.

b. All new supervisory or personne! office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for
the project will be Instructed by the EEO Officer In the
contractor's procedures for locating and hiring minorities and
women

d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the altention of
employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer.” All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived

a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
applicants may be referred {o the contractor for employment
consideration.

b. in the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor Is expected to observe the provisions of that
agreement to the extent that the sysiemn meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions

c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring. upgrading
promotion, transfer, demotion, layoff, anc termination, shall be
taken without regard {o race. color, religion, sex, national
origin, age or disability. The following procedures shall be
followed:

a. The contractor will conduct periodic inspections of project
sites to Insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.

b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.

c. The contractor will periodically review selected personne
actions in depth to determine whether there Is ewdence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will atempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor wilt inform
every complainant of all of their avenues of appeal.

6. Training and Promotion:

a The contractor will assist in locating, qualifying, and
increasing the skills of minorilies and women who are

applicants for employment or current employees. Such efforis
should be aimed at developing full journey level status
employees in the type of trade or job classification Involved.

b Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shad make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C, 140(a).

c, The contractor will advise employees and applicants for
employment of availabie training programs and entrance
requirements for each

d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.

7. Unions: }f the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:

a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs almed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment

b. The contractor will use good faith efforis to incorporate an
EEO clause into each union agreement to fhe end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, natlonal origin, age or
disability,

¢ The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shail so certify to
the contracting agency and shail set forth what efforts have
been made to obtain such information.

din the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies withoul regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph, in the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contracior shail Immediately notify the
contracting agency.

8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familar

with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.

9, Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contractor shail {ake all necessary
and reasonable steps to ensure nondiscrimination in the
administration of ihis contract

a. The contractor shall notify all potential subcontractors and
suppliers and jessors of their EEO obligations under this
contract.

b. The contractor will use good falth efforts to ensure
subcontractor compliance with their EEO obligations.

40. Assurance Required by 49 CFR 26,13(b):

a. The requirements of 49 CFR Pari 26 and the State
DOT's U.S. DOT-approved DBE program are incorporated by
reference.

b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract The contractor shal! carry out
applicable requirements of 49 CFR Part 26 In the award and
administration of DOT-assisted contracts. Failure by the
contractor to carry oul these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.

11. Records and Reports: The contractor shall keeo such
records as necessary to document compliance with the EEO
requirements. Such records shail be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA

a. The records kept by the contractor shall document the
following:

{1} The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;

(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and

(3) The progress and efforis being made in locating, hiring,
training, qualifying, and upgrading minorities and women;

b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women, and
non-minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing dala should
represent the project work force on beard in all or any par of
the last payroll period preceding the end of July If on-the-job
training is being required by special provision, the contractor

ARTICLE 9 - MISCELLANEOUS
9.01 Terms

A. Terms used in this will have the meanings indicated in the General Conditions.
9.02. Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.03 Successors and Assigns

A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in
respect to all covenants, agreements, and obligations contained in the Contract Documents.

9.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid
and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed
to replace such stricken provision or part thereof with a valid and enforceable provision that comes as
close as possible to expressing the intention of the stricken provision.

9.05 Choice of Law and Venue

A. This agreement shall be governed exclusively by the laws of the State of New Hampshire
and any claim or action brought relating to this contract, the work performed or contracted to be
performed thereunder, or referable in anyway thereto shall be brought in Hillsborough County (New
Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9th Circuit Court—Nashua
and not elsewhere

Address for Giving Notices to Owner: Address for Giving Notices to Contractor:

Peter Kohalmi, Deputy City Engineer

Division of Public Works

Engineering Department

9 Riverside Street

Nashua, NH 03062

AG -6 o0f7

will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July

it. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of
310,000 or more.

The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result, The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom The contractor's obligation extends further
to ensure thal its employees are not assigned to perform their
services al any location, under the contractor's control, where
the facilities are segregated. The term “facilities" Includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lols, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single-user restrooms and necessary dressing or sleeping
areas to assure privacy belween sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS

This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
fower-tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.

The following provisions are from the U.S. Department of
Labor regulations In 29 CFR 5.5 “Contract provisions and
related maiters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.

1, Minimum wages

a All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and nof less
offen than once a week, and withoul subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not tess
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardiess of any contractuat relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.

Contribulions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages
pald to such laborers or mechanics, subject to the provisions

of paragraph 1.d. of this section; also, regular contributions
made or costs Incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, of programs
which cover the particular weekly period, are deemed {fo be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided In 29 CFR §.5(a)(4}. Laborers or
mechanics performing work in more than one classification
may be compensated al the rate specified for each
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH-1321) shail be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.

b (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which Is to be employed under the
contract shail be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:

{i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and

(ii) The classification is utilized in the area by the
construction Industry; and

(i!) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.

(2) if the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage raie (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is
necessary.

(3) In the event the contractor, the taborers or mechanics
to be employed in the classification or their representatives.
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer ihe questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
delerminalion. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or